SEC Appeal Process
 he Nevada State Environmental Commission hears appeals to final decisions of the Division of Environmental Protection. Appeals to the Commission must conform to the information required on Form #3. Such matters as finding of alleged violations and orders, permit issuance decisions and other final decisions of the Division of Environmental Protection may be appealed to the Environmental Commission.
Appeals must be received in a timely manner. See our listing of statutory authorities for processing appeal requests. Please note that appeals not received in a timely manner will not be officially acknowledged by the Commission.  This test must be first meet prior to hearing before the Commission.
A three person panel will hear appeal. Appeals hearings can be held within 20 days of receipt of the petition for appeal. Appeal hearings undergo a notice of appeal hearing and a public agenda. Appeals are open meetings. The public may attend the hearing.
Appeals are contested cases, governed by Nevada Revised Statute 233B. This means that a formal process is followed by the Environmental Commission. This process is guided by the Environmental Commission's Rules of Practice. Since an appeal is a contested case, witnesses give testimony under oath, exhibits received and examined, and the Environmental Commission deliberates then makes a finding of fact and order. A decision is issued within thirty days to the parties involved in the dispute.
The Commission decisions are subject to judicial review, with the process subject to the provisions of Nevada Revised Statute 233B, the Administrative Procedures Act.
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